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La société d’avocats Damy

La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.  

Located at the heart of today's economic and social issues, and propelled to the rank of core business law discipline by the economic and financial crisis that has shaken the country for more than five years now, the law of companies in difficulty is, almost as much as the legislation governing the labour market and taxation, in constant evolution.

It is therefore not surprising to note, if one adopts a retrospective analysis, that it has on average been revised every five years over the last three decades, and has been used by successive governments over the years as a major economic policy instrument.

The announcement made a few months ago by the current political majority of yet another attempt to simplify and secure business life, made a few months ago by the current political majority, will naturally have given rise to a new reform in this area, aimed, among other things, at encouraging the prevention of difficulties and simplifying existing procedures.

Without mentioning the completeness of the changes brought about by such a reform, which has only recently entered into force, since the decree implementing Ordinance No. 2014-326 of 12 March 2014 reforming the prevention of business difficulties and collective proceedings was published in the Official Journal on 1 July last, it is an innovation that deserves to be highlighted.

The legislator has indeed proceeded, on such occasions, to the creation of a new procedure, which, unlike the others, has nothing to do with a collective procedure, in that it does not aim to organise a global payment of creditors according to the financial and patrimonial situation of the entrepreneur in difficulty, but only to achieve a deletion, when several conditions are met, of the debtor's unfortunate liabilities.

Such a system, called "professional recovery", is obviously inspired by the procedure of personal recovery without judicial liquidation of the right to over-indebtedness of individuals, and, like it, pursues two essential categories of objectives.

The first, first of all, is to allow the individual and bona fide entrepreneur, but whose situation seems hopeless, to bounce back. Secondly, the second is to increase the overall effectiveness of the treatment of company difficulties by applying a simplified, cheaper and faster procedure, where this is permitted and necessary, with a maximum duration of four months.

However, you will have understood that the right to pay off one's debts is earned, and that is more than justified. It follows logically that such a procedure can only concern a minority of firms in difficulty, satisfying a multitude of pre-requisites.

In summary, in order to give an account of the scope of application outlined by the reformers, professional recovery will only be able to benefit the "unfortunate" and "very difficult" small professional.

Such terms are more precisely understood to mean a natural person carrying on a (very) small scale commercial, artisanal or liberal activity in his own name and on his own account, since no employee must have been hired in the last six months and the total of the higher assets must not exceed the threshold of 5,000 euros, but having nevertheless plunged him into an irremediably compromised situation.

In addition, there is another important parameter for the benefit of such a mechanism: good faith. Such a requirement, which is used as a means of combating all categories of abuse and misappropriation that the appetite of certain unscrupulous protagonists could provoke, justifies the broad powers of investigation conferred on those involved in the proceedings, as well as the possibility of switching, at any time, to a judicial liquidation, or even cancelling the cancellation of debts a posteriori from the closure of the proceedings.

Professional recovery was conceived, in short, as a pragmatic alternative to judicial liquidation with regard to the treatment of cases whose impecuniosity is beyond doubt, but it is of course not intended to be used as a management tool on the basis of questionable morality; it is also specified that it cannot be pronounced in respect of the same person except once every five years.

Professional recovery was conceived, in short, as a pragmatic alternative to judicial liquidation with regard to the treatment of cases whose impecuniosity is beyond doubt, but it is of course not intended to be used as a management tool on the basis of questionable morality; it is also specified that it cannot be pronounced in respect of the same person except once every five years.

Such a system is certainly not revolutionary, since it will not have the effect of putting an end to the difficulties faced by businesses and putting an end to the moroseness of the current economic climate, but it would seem to be a welcome innovation, provided that the ramparts will not be used as a barrier to the development of the economy.

Lawyer DAMY - Commercial law - 2014